High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

Physical address

24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

19 judgments

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19 judgments

Citation	Judgment date
August 1991
Iddi Shole vs Mkangala Nkumbo (PC Civil Appeal No. 5 of 1991) [1991] TZHC 2399 (2 August 1991) An appellate court may not uphold a belated long-occupation claim contradicting trial evidence; trial judgment restored. Land law – ownership dispute – inheritance v. alleged purchase; Evidence – credibility and balance of probabilities; Appellate procedure – new grounds or afterthoughts introduced on appeal cannot prevail where inconsistent with trial evidence; Possession – claim of long occupation must be pleaded and supported by consistent evidence.	2 August 1991
Jumanne Mpaki vs Maulidi Kijanga ((PC) Civil Appeal No. 24 of 1991) [1991] TZHC 2510 (2 August 1991)	2 August 1991
Ramadhani Kijanga vs Shabani Daji ((PC) Civil Appeal No. 63 of 1991) [1991] TZHC 2509 (2 August 1991)	2 August 1991
Omari Mwanga vs Mohamed Tantao ((PC) Civil Appeal No. 25 of 1991) [1991] TZHC 2507 (1 August 1991)	1 August 1991
Paul Yabuhongo vs Republic ((DC) Criminal Appeal No. 37 of 1991) [1991] TZHC 2506 (1 August 1991)	1 August 1991
Ramadhani Selemani vs Omary Alimasi Ngaya ((PC) Civil Appeal No. 6 of 1991) [1991] TZHC 2398 (1 August 1991) Appellant found to be lawful possessor of the land but failed to prove entitlement to compensation for harvested crops. Land dispute — possessory/ownership claim — credibility of oral evidence of long possession; failure to prove destruction of crops — no compensation. Procedural irregularity in filing cross‑appeal — clerical error not fatal.	1 August 1991
July 1991
Abihudi Ifuja vs Republic (DC Criminal Appeal No. 27 of 1991) [1991] TZHC 2500 (31 July 1991)	31 July 1991
Chiku Lidah vs Adamu Omari ((PC) Civil Appeal No. 34 of 1991) [1991] TZHC 2499 (30 July 1991)	30 July 1991
Marcel Kisiu vs Timothe Msuta ((PC) Civil Appeal No. 23 of 1991) [1991] TZHC 2498 (30 July 1991)	30 July 1991
Nyungula Nkumbi and Others vs Muna Kimu (PC High Court Criminal Appeal No. 2 of 1990) [1991] TZHC 2394 (25 July 1991) Appeals allowed for three appellants where evidence failed to prove animals were injured; first appellant’s appeal struck off as incompetent. Criminal law – offence of injuring an animal (s.325 Penal Code) – requirement to prove animal was hurt, diseased, disordered or wounded – mere beating insufficient; Evidence – complainant’s own statements showing complaint was about trespass/claim to land, not injury to animals; Appeal competency – appeal by appellant already acquitted by District Court struck off.	25 July 1991
Venance Mkomoya vs Republic (PC Criminal Appeal No. 29 of 1991) [1991] TZHC 2489 (23 July 1991)	23 July 1991
Emanuel Ifungi vs Omari Ifungi ((PC) Civil Appeal No. 62 of 1991) [1991] TZHC 2488 (19 July 1991)	19 July 1991
June 1991
Jumanne Athumani vs Republic (PC Criminal Appeal No. 74 of 1989) [1991] TZHC 2655 (27 June 1991) Appeal allowed: theft conviction quashed for insufficient evidence and sentence set aside; appellant ordered released. Criminal law – Theft – Whether prosecution proved dishonest appropriation where accused had been entrusted with cattle – Insufficiency of evidence; Sentencing – Minimum Sentences Act – sentence improperly imposed where offence not scheduled.	27 June 1991
Saidi Hussein vs Republic (Criminal Appeal No. 42 of 1990) [1991] TZHC 2367 (12 June 1991) Appeal against a statutory minimum seven-year sentence for unlawful firearm possession is dismissed. Criminal law – unlawful possession of firearm – muzzle-loading gun – conviction after discovery at accused’s home. Sentencing – statutory minimum sentence – application of section 5(c) of Minimum Sentences Act (1972) as amended by Act No. 10 of 1989. Appeal against sentence – disparity with other cases not shown; statutory minimum sentence upheld.	12 June 1991
Issa Juma and Another vs Republic (Criminal Appeal No. 23 of 1990) [1991] TZHC 2281 (1 June 1991)	1 June 1991
May 1991
Jonas M. vs Republic (Criminal Appeal No. 11 of 1990) [1991] TZHC 2352 (31 May 1991)	31 May 1991
Jumanne N. vs Republic (PC Criminal Appeal No 9 of 1989) [1991] TZHC 2639 (30 May 1991) District court exceeded jurisdiction by convicting on appeal/revision without giving the accused an opportunity to be heard; acquittal restored. Criminal law – appeal/revision from primary to district court – jurisdiction to substitute conviction for acquittal – accused must be given opportunity to be heard (District Courts Act s.22(2) and s.21(1)(b)) – self‑defence findings – insufficiency of prosecution evidence to justify conviction on revision.	30 May 1991
L. Emanuel & Another vs Republic (Criminal Appeal No 76 of 1989) [1991] TZHC 2640 (30 May 1991)	30 May 1991
Ernest K & Another vs Republic (Criminal Appeal No 26 of 1989) [1991] TZHC 2638 (25 May 1991)	25 May 1991